When Should You Update Your Will? 7 Life Events That Trigger a Review

When Should You Update Your Will? 7 Life Events That Trigger a Review

You signed your will, put it in a safe place, and moved on with your life. That's what most people do—and it makes sense. A will feels like a one-time task. But life doesn't stand still, and a will that was perfect five years ago might not reflect your wishes today.

At Dickey Law Group, we recommend reviewing your will every 3-5 years at minimum. But certain life events should trigger an immediate review. Here are seven of the most important ones.

1. Marriage or Remarriage

Getting married changes everything about your estate plan. In Texas, marriage doesn't automatically revoke your existing will—but it can create confusion. If your will was written before your marriage and doesn't mention your new spouse, they could challenge the will and claim their share under Texas intestacy laws.

Under the Texas Estates Code, a surviving spouse is entitled to significant protections regardless of what the will says. If your will predates your marriage, updating it isn't optional—it's essential.

Remarriage adds even more complexity, especially when children from a prior marriage are involved. We'll cover that topic in detail in a separate article, but the short version is: get your will updated before or immediately after the wedding.

2. Divorce

Here's some good news if you're going through a divorce in Texas: Section 123.001 of the Texas Estates Code automatically revokes any provision in your will that benefits your ex-spouse. It's as if your ex-spouse died before you.

But "automatically" doesn't mean "completely." The revocation only applies to your ex-spouse—not to their relatives. If you named your mother-in-law as a backup beneficiary or your ex-brother-in-law as executor, those provisions stay in place. That's probably not what you want.

Also, the automatic revocation only applies to your will. It doesn't affect beneficiary designations on life insurance policies, retirement accounts, or payable-on-death bank accounts. You need to update those separately.

3. Birth or Adoption of a Child or Grandchild

When a new child or grandchild arrives, your will needs to reflect that. Texas law does provide some protection for children born after a will is signed—they're called "pretermitted children" under Section 255.053 of the Estates Code, and they may be entitled to a share of your estate even if they're not mentioned in the will.

But relying on the default legal protections isn't ideal. The share a pretermitted child receives may not be what you actually want them to have. It's better to update your will to specifically include the new child and spell out exactly what you want them to receive.

Don't forget about guardianship provisions. If this is your first child, you need to name a guardian in your will. If you already have children, you may want to reconsider your guardian choice now that your family has grown.

4. Death of a Beneficiary, Executor, or Guardian

If someone named in your will passes away before you, your will may still be technically valid—but it's going to create problems. Texas has default rules for what happens when a beneficiary predeceases you (the gift may "lapse" and go to their descendants, or it may fall into the residuary estate), but those defaults might not match your wishes.

The same applies to your executor and any guardians you've named for minor children. If your executor passes away and you haven't named a backup, the court will appoint someone—and it might not be the person you would have chosen.

5. Significant Changes in Your Financial Situation

Did you receive a large inheritance? Start a successful business? Buy investment property? Pay off your mortgage? Any significant change in your financial situation is a reason to review your will.

Your will distributes your assets, so when those assets change substantially, the distribution plan should change too. For example, if your will leaves "my house at 123 Oak Street" to one child and "everything else" to another, selling that house creates an unintended imbalance.

Texas doesn't have a state estate tax, but the federal estate tax still applies to estates over the exemption amount. If your net worth has increased significantly, you may need to consider tax planning strategies that weren't necessary before.

6. Moving to Texas from Another State

If you moved to Texas from another state, your existing will is probably still valid here—Texas recognizes wills that were validly executed under the laws of another state. But "valid" doesn't mean "ideal."

Texas is a community property state, which is fundamentally different from the common law property systems used in most other states. Your out-of-state will may not account for how Texas classifies your assets. Property you thought was "yours" might actually be community property that your spouse has a claim to.

Texas also has unique homestead protections, different rules about self-proving wills, and its own requirements for powers of attorney and healthcare directives. A will drafted for New York or Illinois simply won't address these Texas-specific issues.

7. Changes in Tax Laws

Tax laws change regularly, and those changes can affect your estate plan. The federal estate tax exemption, for example, has changed dramatically over the past two decades. Strategies that made sense when the exemption was $1 million may not make sense now that it's over $13 million.

While Texas doesn't have an income tax or estate tax at the state level, federal tax law still matters—especially for larger estates. If Congress changes the estate tax exemption or capital gains rules, your will and trust structure may need to be adjusted.

Don't Wait for a Crisis

The common thread here is simple: when your life changes, your will should change too. An outdated will can cause exactly the kind of family conflict and legal expense it was supposed to prevent.

Reviewing your will doesn't always mean rewriting it from scratch. Sometimes a simple codicil—a legal amendment to your will—is enough. Other times, starting fresh with a new will makes more sense. Either way, the review itself is quick, inexpensive, and can save your family a tremendous amount of stress.

Contact Dickey Law Group today to schedule a consultation. We serve families throughout The Woodlands, Spring, Conroe, and the Houston metro area. Call (832) 521-4414.